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64085

Arctic Swan Construction Inc.

September 22, 2026Judge Woodrow
Denied / Government PrevailedContract Interpretation

Arctic Swan Construction Inc. sought reconsideration of the Board’s prior decision granting the government’s motion for summary judgment and denying the appeal. The Board denied reconsideration, holding that Arctic Swan identified neither newly discovered evidence, a mistaken factual finding, nor an error of law, and that the prior contract-interpretation ruling was properly resolved on summary judgment.

Material Facts

  • The appeal arose under Contract No. FA5004-22-C-0002.
  • The relevant contract documents included the Performance Work Statement and bid schedule.
  • The pricing workbook required Arctic Swan to provide a single unit price for each washer and dryer.
  • The pricing workbook did not contain separate lines for labor, certification, connection, or disconnection.
  • The Performance Work Statement expressly required installation-related work.
  • Arctic Swan relied on post-award communications and the parties’ course of performance.
  • Arctic Swan did not contend that it sought clarification before submitting its bid.

Parties

Appellant
Arctic Swan Construction Inc.
Contract Number
FA5004-22-C-0002
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